AGREEMENT TO PROVIDE ON-CALL MATERIAL TESTING AND
SPECIAL INSPECTION SERVICES
This AGREEMENT is made and entered into this 21st day of July, 2026 by and between the Koury Engineering & Testing, Inc. (“Consultant”), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California, (“CITY”).
RECITALS
A. On May 1, 2026, the City issued Request for Proposal No. 26-059A, by which it sought qualified consultants to provide on-call material testing and special inspection services for the City’s Public Works Agency.
B. Consultant submitted a responsive proposal that was among those selected by the City. Consultant represents that it is able and willing to provide the services described in the scope of work that was included in RFP No. 26-059A.
C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional contracting firm in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows:
1. SCOPE OF SERVICES
On an on-call basis, and at the City’s sole discretion, Consultant shall perform the services described in the scope of work that was included in RFP No. 26-059A, which is attached as Exhibit A, and as more specifically delineated in Consultant’s proposal, which is attached as Exhibit B and incorporated in full.
2. COMPENSATION
a) City neither warrants nor guarantees any minimum or maximum compensation to Consultant under this Agreement. Consultant shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit C. Consultant is one of four (4) consultants selected to provide services on an on-call basis under RFP No. 26-059A. The total compensation for these services provided by all such consultants selected under RFP 26-059A shall not exceed the shared aggregate amount of $4,000,000 during the term of the Agreement, including any extension periods.
b) Payment by City shall be made within forty-five (45) days following receipt of propoer invoice evidencing work performed, subject to City accounting procedures. Payment need not to be made Exhibit 7
for work which fails to meet the standards of performance set forth in the Recitals and Scope of Work, which may reasonably be expected by City.3. TERMThis Agreement shall commence on the date first written above and terminate on the 20th day of July, 2027, unless terminated earlier in accordance with Section 17, below. The term of this Agreement may be extended for four (4), 1-year periods upon a writing executed by the City Manager and City Attorney. 4. PREVAILING WAGES Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. If the services being performed are part of an applicable “public works” or maintenance” project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 5. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. OWNERSHIP OF MATERIALSThis Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents & Data”). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.
7. INSURANCE Insurance requirements are attached hereto as Exhibit D. 8. INDEMNIFICATIONConsultant agrees to defend, and shall indemnify and hold harmless City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant or its subconsultants, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 9. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend, indemnify and hold harmless the City, its officers, agents, representatives, and employees against any and all liability, including costs, and attorney’s fees, for infringement of any United States’ letters patent, trademark, or copyright contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 10. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement.
11. CONFIDENTIALITYIf Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. “Confidential Information” shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City.12. CONFLICT OF INTEREST CLAUSEa. Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. b. No immediate family members of either the Mayor, City Council Member, or any appointed City Official, including appointed board and commission members, as defined under the City’s Municipal Code, whose position with the City shall award or influence the award of this Agreement, or any competing contract or amendment thereof, shall be employed in any capacity by the Consultant or have any other direct or indirect financial benefit or interest in this Agreement. c. The section also prohibits the awarding of any agreement, contract, grant, or any amendment to those awards, to any former full-time employee for one-year from date of employee separation except for any CalPERS retiree as authorized by City Council resolution d. The Consultant must comply with all conflict of interest laws, ordinances, and regulations now in effect or hereafter to be enacted during the term of this Agreement. The Consultant warrants that it is not now aware of any facts which conflict with the prohibitions defined above. If the Consultant hereafter becomes aware of any facts that might reasonably be expected to create a conflict of interest, it must immediately make full written disclosure of such facts to the City. Full written disclosure must include, but is not limited to, identification of all persons implicated and a complete description of all relevant circumstances. Failure to comply with the provisions of this paragraph will be a material breach of this Agreement. e. Consultant covenants that none of its directors, officers, employees, or agents shall participate in selecting or administrating any subcontract supported (in whole or in part) by City funds stemming from the Agreement where the awarding of the subcontract has any direct or indirect financial benefit or interest to any individual, as defined in subsections (d) and (e) above.
13. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To CITY: Clerk of the City CouncilCity of Santa Ana20 Civic Center Plaza (M-30)P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: (714) 647-6956 Executive Director, Public Works AgencyCity of Santa Ana 20 Civic Center Plaza (M-21)P.O. Box 1988 Santa Ana, CA 92702 Fax: (714) 647-5635 To CONSULTANT:Bridget ShermanSenior Project Executive Koury Engineering & Testing, Inc.5711 Schaefer AvenueChino, CA 91710 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or CITY holidays shall be excluded. 14. EXCLUSIVITY AND AMENDMENTThis Agreement represents the complete and exclusive statement between the City and Consultant regarding the subject matter herein, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein.15. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Consultants retained by City. 16. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 18. NON-DISCRIMINATION Consultant shall not discriminate because of race, color, creed, relation, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities or in connection with any activities under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations.
19. JURISDICTION-VENUEThis Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 20. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 21. MISCELLANEOUS PROVISIONSa. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn.b. All exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. [signatures on following page] IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. ATTEST: CITY OF SANTA ANAJENNIFER L. HALL ALVARO NUÑEZCity Clerk City ManagerAPPROVED AS TO FORM: SONIA R. CARVALHOCONSULTANT:City AttorneyBy: KYLE NELLESEN BY:Assistant City Attorney TITLE:RECOMMENDED FOR APPROVAL: RODOLFO ROSAS, P.E.Acting Executive DirectorPublic Works Agency BRIDGET SHERMANSenior Project Executive
EXHIBIT A
CITY OF SANTA ANA
INTRODUCTION/BACKGROUND The City of Santa Ana (City) is seeking proposals from qualified firms and organizations (Proposers) to provide on-call materials testing and special inspections services. Under the City of Santa Anas Capital Improvement Program, a number of construction projects will take place in the next few years. These projects include street pavement, traffic signals, underground utilities, buildings, bridges, and park facility improvements. The total value of construction is estimated to exceed $150 million. In order to maintain high quality of construction, the City intends to retain testing and inspection firms to provide quality assurance services for those projects. The selected firms are expected to provide testing and inspections for construction activities involving grading, soils, base material, concrete, masonry, asphalt concrete, structural steel, reinforcing steel, painting and to provide other quality assurance services when required. The purpose of this RFP is to solicit proposals from quality control consulting firms for the required services. The selected consultant is expected to enter into an agreement with the City to provide services on an as-needed basis. The resulting agreement(s) will be locally and federally funding. Funding sources for each project may vary and shall comply with the funding agencys requirements. Special conditions may apply. State and Federal grant funds administered by the California Department of Transportation (Caltrans) will be used to fund all or a portion of these projects. The successful proposer will be required to comply with all requirements associated with federal funding in carrying out the project. The Caltrans Requirements referenced in Attachment K of this RFP provides additional information on federal funding requirements. All proposals, plans, drawings, specifications, estimates, grant applications, modeling, studies, presentations, and/or reports will be subject to the final approval and satisfaction of the City. The selected consultants must have the expertise, experience, and demonstrated resources available to perform the work described in this RFP. Prime consultant mark-ups for sub-consultant work will not be allowed. Scope of Services The required services shall include, but not be limited to the following: 1. Provide field inspections and compaction tests for grading, trench backfill and asphalt concrete pavement construction according to the project special provisions, the Standard Specifications for Public Works Construction (Green Book) and Caltrans Standard Specifications. Submit daily field reports to the City and a final report after work is completed. 2. Provide inspections for installation of precast and cast-in-place concrete, welding, high strength bolts, structural steel, masonry, painting and other types of work in accordance with the California Building Code (CBC) and the contract documents. Submit field reports to the City immediately after inspections are completed. All deputy inspectors shall register with the Citys Planning and Building Agency prior to starting inspection.
EXHIBIT 1 SCOPE OF SERVICES
CITY OF SANTA ANA
3. Perform test on various construction materials as required by the City. Available tests may include the following: a. Mix Designs b. Concrete c. Concrete Blocks d. Brick Masonry e. Masonry Prisms f. Mortar and Grout g. Fireproofing h. Soils and Aggregates i. Asphalt Concrete j. Reinforcing Steel k. Environmental 4. Inspectors who perform work in confined areas or at elevated levels shall be certified or trained for confined space and fall protection. 5. Recommend testing method on defective work and advise the City of acceptance standards. 6. Provide source inspection for concrete and asphalt concrete at mixing plants, and inspection for other materials at their source as required by the project specifications. 7. Provide other quality control services as requested by the City. 8. Field reports shall be submitted daily to the City. Submit and distribute typed inspection and testing reports to the Citys Public Works Agency and the Planning and Building Agency in accordance with Green Book and CBC requirements and to other concerned parties within a week after the work is performed. 9. Submit a final report to the City within five working days upon completion of each project. 10. May develop and implement procedures for the review and processing of applications by contractor for progress and final payments. Proposers Construction Manager will be responsible for reviewing and approving monthly progress payments, and make recommendations for certification to City Staff for payment. 11. Act as an advisor to the City throughout construction and commission of the project. Determine that the work of contractor is being performed in accordance with the contract documents. Make recommendations to the City regarding special inspection or testing of work not in compliance with the provisions of the contract documents. Subject to review by the City, reject work which does not conform to the requirements of contract documents. 12. The individuals, Construction Manager, Inspector and Contract Administrator, shall not be responsible for construction means, methods, techniques, sequences and procedures employed by the contractor in the performance of the contract, and shall not be responsible for the failure of the contractor to carry out work in accordance with the contract documents. However, any errors, omissions, or discrepancies found in the Contract Documents shall be called to the attention of City Staff and clarified prior to construction starts.
CITY OF SANTA ANA
13. Consult with the City when the contractor requests interpretations of the meaning and intent of the drawings and specifications, and assist in achieving the resolution of problems, which may arise. 14. Record the progress of the project. Submit written daily and progress reports to the City. Keep daily logs containing a record of weather, contractor's work on the site, number of workers and equipment, work accomplished, problems encountered, and other relevant data. Make the log available to the City. Prepare and send Weekly Statement of Working Days to the contractor. Monitor contractor's compliance with labor code requirements. 15. Maintain, at the job site, records of contract documents including drawings, addenda, change orders, and other modifications of plans and specifications marked to show all changes made during construction. Maintain as-built records of underground utilities, including locations and depths of trenches. At the completion of the project, deliver to the City all contract documents including as- built records. 16. Evaluate the completion of the work of the contractor and make recommendations to the City when work: is ready for final inspection. Assist the City in conducting final inspections. 17. Facilitate and coordinate inspection by representatives of other agencies. 18. Assist City with project budget tracking by funding source to ensure progress payment applications are applied appropriately to correct funding sources. 19. Assist City with submission of narrative and financial reports on the progress and activities of the project to grant agencies 20. Shall monitor and enforce prevailing wage forms and requirements for conformance to the prevailing wage rates on a weekly basis. Shall verify that all Trade personnel listed in the daily log are also listed in the certified payroll and shall conduct weekly employee interviews, one for each trade, and submit verification with the monthly progress payments. 21. Shall coordinate and assist the Citys Community Work Force Agreement (CWA) Consultant to monitor and enforce the CWA forms and requirements to ensure compliance. Verification should be provided with the monthly progress payments. 22. The Proposers Constructor Manager shall be responsible for all project closeout items, such as: As-Built plans and related documentation, punch list completion, commissioning, warranty requests during the one-year period. Shall schedule and oversee the warranty repair. Should include site visits as requested by the City to look at defects or imperfection to determine if it is a warranty issue. 23. The Proposers Construction Manager shall also provide material testing and inspection to provide quality assurance services for the project. Expected testing and inspection for construction activities may involve grading, soils, base material, concrete, masonry, asphalt concrete, structural elements, and other quality assurance services as required. All frequency of services shall be in accordance with the City of Santa Ana Quality Assurance Program provided in Exhibit 6. The City reserve the right to add or reduce some of the above tasks and duties as it sees fit. The Consultant, serving as staff extension, shall remain sufficiently flexible to meet the needs of the City and of the project.
CITY OF SANTA ANA
NOTICE TO PROCEED: On-Call contracts require the City Project Managers to request a project/task proposal from Consultants on an as-needed basis. Proposals will then be evaluated by City Staff and written NTPs will be issued accordingly per task order. PAYMENT AND INVOICING: Selected Consultant shall invoice the City based on time and material according to the Citys standard invoice template. Tasks and hours shall be clearly identified and all rates must match those included in the approved agreement. This agreement may utilize Federal, Caltrans, Comprehensive Transportation Funding Program (CTFP) and local funds. Proposer shall comply with all requirements as they pertain to use of these funds. FEE SCHEDULES: In addition to Section V. Proposal Response Instructions, 2. Cost Proposal, fee schedules shall be structured to correspond to the above mentioned tasks as follows: Task: Construction Management and Inspection Services - Subtasks Total Fee: _____________ Fee schedule for each task should include an hourly breakdown that corresponds to the task total. CITY RESPONSIBILITIES: The City will provide information in its possession relevant to the preparation of the required information in the RFP. The City will provide only the staff assistance and the documentation specifically in referred to herein. Provide general direction as needed for the assigned project Advertise, award, and execution of construction contract Electronic files (sample plans & specifications, City of Santa Anas Computer Aided Design and Drafting Standards) Electronic files for title sheets and sheet borders Facilitate meeting space and coordination and City facilities Facilitate City Permits
EXHIBIT B
EXHIBIT C
KOURY ENGINEERING & TESTING, INC.LOCALLY FUNDED FEE SCHEDULE2026 - 2027PERSONNEL CHARGESPrincipal Engineer/Geologist ................................................................................................. $225.00/hr.Project Engineer/Geologist Registered...................................................................................... $190.00/hr.Staff Engineer/Geologist Non-Registered.................................................................................. $150.00/hr.Project Manager ........................................................................................................................ $130.00/hr.Supervisor .................................................................................................................................. $110.00/hr.Inspector ICC ............................................................................................................................ $130.00/hr.Engineering Field Technician (Soils and Materials).................................................................... $125.00/hr.Drafting ...................................................................................................................................... $90.00/hr.Certified Payroll ....................................................................................................................... $75.00/weekWord Processing/Clerical ........................................................................................................... $80.00/hr. LABORATORY TESTING FEESSOIL TESTINGChloride Test, ........................................................................................................................... $115.00/ea.Chunk Density & Moisture........................................................................................................... $30.00/ea.Consolidation Testinga) Consolidation - full ..................................................................................................... $195.00/ea.b) Consolidation - Remold ............................................................................................. $60.00/ea.c) Consolidation - Single Point ..................................................................................... $100.00/ea.Corrosion Analysis Test (Ph Redox, Resistivity) ....................................................................... $195.00/ea.Direct Shear Testinga) Direct Shear - In-Situ (3 Point) ................................................................................... $300.00/ea.b) Direct Shear - Remold (3 Point) ................................................................................. $350.00/ea.Expansion Index Test ............................................................................................................... $175.00/ea.Compaction Curves4-inch mold (ASTM D1557, Method A or B 4" Mold) .................................................... $175.00/ea.6-inch mold (ASTM D1557, Method C 6" Mold) .......................................................... $175.00/ea.Cal Trans 216 ................................................................................................................ $250.00/ea.Moisture Content Test ............................................................................................................... $30.00/ea.Organic Content Test ................................................................................................................. $40.00/ea.Permeability Test .............................................................................................................................. QuoteAtterberg Limits Test ............................................................................................................... $100.00/ea.Resistance Value Test (R-value) ................................................................................................. $375.00/ea.Resistivity ................................................................................................................................... $115.00/ea.
SCHEDULE OF FEESRing Moisture & Density Test .................................................................................................... $33.00/ea.Sand Equivalent Test ................................................................................................................ $125.00/ea.Sieve Analysis Test - (Hydrometer) ............................................................................................ $225.00/ea.Sieve Analysis Test - (Full) .......................................................................................................... $160.00/ea.Sieve Analysis Test - (-200)......................................................................................................... $120.00/ea.Sulfate Test ................................................................................................................................ $85.00/ea.CONCRETE / MASONRY TESTINGCylinder Compression Test ........................................................................................................ $30.00/ea.Cylinder Core, Charge .................................................................................................................. $40.00/ea.Cylinder Trim or Capping Charge ................................................................................................. $15.00/ea.Grout/Mortar Compression Test ............................................................................................... $35.00/ea.Masonry Prism Test ................................................................................................................. $235.00/ea.Length Change Test, Hardened Hydraulic-CementMortar and Concrete ASTM C157
..$800.00/ea.ASPHALT TESTINGAsphalt Content - Ignition OvenPremixed AC Sample (CT382) ........................................................................................ $225.00/ea.Asphalt Content / Gradation - Ignition OvenPremixed AC Sample (CT202, CT382) ............................................................................ $280.00/ea.Hveem Specific Gravity / Stability Value,Premixed AC Sample (CT308, CT366) ............................................................................ $280.00/ea.Hveem Stability Value - Premixed AC Sample (CT366) .............................................................. $200.00/ea.Hveem Specific Gravity / Stability Value (Rubberized Asphalt)Premixed AC Sample (CT308, CT366) ............................................................................ $275.00/ea.Hveem Stability Value (Rubberized Asphalt) Premixed AC Sample (CT366) ...................................................................................... $275.00/ea.Specific Gravity of Hveem or Core Sample -Uncoated (CT308)................................................... $90.00/ea.Specific Gravity of Hveem or Core Sample -Coated (CT308) ..................................................... $115.00/ea.Determination of Correction Factor for Specific Mix Design..................................................... $300.00/ea.AGGREGATE TESTINGSpecific Gravity and Absorption - CoarseAggregate (ASTM C127) ............................................................................................... $140.00/ea.Specific Gravity and Absorption - FineAggregate (ASTM C128) ................................................................................................. $200.00/ea.Sodium or Magnesium Sulfate SoundnessFine or Coarse Aggregate (ASTM C88), per fraction ...................................................... $235.00/ea.Los Angeles Abrasion - Small Size CoarseAggregate (ASTM C131) ................................................................................................. $275.00/ea.Los Angeles Abrasion - Large Size CoarseAggregate (ASTM C535) ................................................................................................. $300.00/ea.Durability Index Fine or Coarse Aggregate(Calif 229)....................................................................................................................... $400.00/ea.Potential Reactivity of Aggregate - ChemicalMethod (ASTM C289)..................................................................................................... $440.00/ea.
SCHEDULE OF FEESLABORATORY TESTING FEES, (continued)Petrographic Examination Fine to CoarseMethod (ASTM C295) each (Plus Thin-Sections) ........................................................ $2,100.00/ea.Gradation of Aggregates (ASTM C136) (Calif 202)Fine Aggregate Dry Sieve ............................................................................................... $125.00/ea.Fine Aggregate Washed Sieve ...................................................................................... $150.00/ea.Coarse Aggregate Dry sieve ......................................................................................... $150.00/ea.Coarse Aggregate Washed Sieve ................................................................................. $165.00/ea.Combined Aggregate Dry Sieve ................................................................................... $175.00/ea.Combined Aggregate Washed sieve ............................................................................ $230.00/ea.Material Finer than #200 Sieve(ASTM C117) .................................................................................................................. $125.00/ea.Sand Equivalent Test (ASTM D2419) (Calif 217) ........................................................................ $130.00/ea.Flat and Elongated Particles (ASTM D4791) .............................................................................. $225.00/ea.Clay Lumps and Friable Particles (ASTM C142).......................................................................... $125.00/ea.Lightweight Particles (ASTM C123)Coat / Lignite (sp gr = 2.00)........................................................................................................ $115.00/ea.Chert (sp gr = -2.4) ..................................................................................................................... $120.00/ea.Organic Impurities in Fine Aggregate (ASTM C40)..................................................................... $100.00/ea.Cleanness Value (Calif 227)........................................................................................................ $200.00/ea.Unit Weight / Calculated Voids (Fine / Coarse/ Mixed Aggregates ) (ASTM C29).................................................................................. $175.00/ea.Resistance Value Test (R-Value) (Calif 301)Aggregate Base Material................................................................................................ $350.00/ea.Potential Alkali Reactivity of Cement-AggregateCombinations (Mortar-Bar Method) (ASTM C227)................................................................. QuotePotential Volume Charge of Cement-AggregateCombination (ASTM C342)...................................................................................................... QuotePotential Reactivity Rock Cylinder Method(ASTM C586) ........................................................................................................................... QuoteLength Change Due to Alkali-CarbonateReactivity (ASTM C1105)......................................................................................................... QuotePotential Reactivity Mortar Bar(ASTM C1260) ......................................................................................................................... QuotePotential Expansion of Aggregates fromHydration (ASTM D4792) ........................................................................................................ QuoteAggregate Sampling, Staff Geologist / Engineer(Portal to Portal), per hour ............................................................................................ $160.00/hr.Shipping................................................................................................................................... Cost Plus 20% ****1.5X Surcharge on rush turn-around for laboratory testing.EQUIPMENT USAGE/RENTAL CHARGESCore Drilling Bit Wear Charge. ............................................................................................... $10.00/corePachometer Reinforcement Locator ...................................................................................... $50.00/day
2025 SCHEDULE OF FEESMINIMUM CHARGESEngineering Technician ....................................................................................................................... 4 hoursICC Special Inspector ......................................................................................................................... 4 hoursAll Inspection Beyond 4 hours ............................................................................................................ 8 hoursShow Up and No Testing or Inspection............................................................................................... 2 hoursCancellation of Work After 3:00 pm or same day............................................................................... 2 hoursExpedite of Scheduling After 3:00 pm or same day....................................................................1.5 x hr. rate SHIFT DIFFERENTIALSecond Shift (2PM-12PM)................................................................................................................ 12.50/hr.Third Shift (10PM-8AM)................................................................................................................... 18.00/hr.MILEAGE/TOLL ROAD FEESVehicle Mileage..............................................................................................................................$0.85/mileToll Road Charges.................................................................................................. Invoiced at Cost, plus 20%OVERTIMEOvertime at the rate of 1.5 times the applicable hourly rate will be charged for any time, more than 8 hours and less than 12 hours in any one day, Monday through Friday, and time before 6:00 a.m. or after 6:00 p.m. and for Saturday work up to 8 hours. Work performed in excess of 12 hours on Monday through Friday, in excess of 8 hours on Saturday, and all work on Sundays or Company recognized Holidays will be charged at 2.0 times the applicable hourly rate.GENERALFees for special projects, services overseas, or elsewhere in the United States, will be quoted on request. With prior notification to Client, charges are subject to change at any time. Koury reserves the right to adjust the rates quoted in this contract based upon any CPI/State/Labor mandated increases and/or changes in any industry requirements.OUTSIDE SERVICESProfessional services, equipment, or tests not provided byKouryand any unusual items of expense not customarily incurred in our normal operations will be charged at cost plus 15 percent.
KOURY ENGINEERING & TESTING, INC.FEDERALLY FUNDED FEE SCHEDULE2026 - 2027PERSONNEL CHARGESPrincipal Engineer/Geologist ................................................................................................. $230.00/hr.Project Engineer/Geologist Registered...................................................................................... $200.00/hr.Staff Engineer/Geologist Non-Registered.................................................................................. $175.00/hr.Project Manager ........................................................................................................................ $140.00/hr.Supervisor .................................................................................................................................. $120.00/hr.Inspector ICC ............................................................................................................................ $135.00/hr.Engineering Field Technician (Soils and Materials).................................................................... $130.00/hr.Drafting ...................................................................................................................................... $90.00/hr.Certified Payroll ....................................................................................................................... $75.00/weekWord Processing/Clerical ........................................................................................................... $80.00/hr. LABORATORY TESTING FEESSOIL TESTINGChloride Test, ........................................................................................................................... $115.00/ea.Chunk Density & Moisture........................................................................................................... $30.00/ea.Consolidation Testinga) Consolidation - full ..................................................................................................... $195.00/ea.b) Consolidation - Remold ............................................................................................. $60.00/ea.c) Consolidation - Single Point ..................................................................................... $100.00/ea.Corrosion Analysis Test (Ph Redox, Resistivity) ....................................................................... $195.00/ea.Direct Shear Testinga) Direct Shear - In-Situ (3 Point) ................................................................................... $300.00/ea.b) Direct Shear - Remold (3 Point) ................................................................................. $350.00/ea.Expansion Index Test ............................................................................................................... $175.00/ea.Compaction Curves4-inch mold (ASTM D1557, Method A or B 4" Mold) .................................................... $175.00/ea.6-inch mold (ASTM D1557, Method C 6" Mold) .......................................................... $175.00/ea.Cal Trans 216 ................................................................................................................ $250.00/ea.Moisture Content Test ............................................................................................................... $30.00/ea.Organic Content Test ................................................................................................................. $40.00/ea.Permeability Test .............................................................................................................................. QuoteAtterberg Limits Test ............................................................................................................... $100.00/ea.Resistance Value Test (R-value) ................................................................................................. $375.00/ea.Resistivity ................................................................................................................................... $115.00/ea.
SCHEDULE OF FEESRing Moisture & Density Test .................................................................................................... $33.00/ea.Sand Equivalent Test ................................................................................................................ $125.00/ea.Sieve Analysis Test - (Hydrometer) ............................................................................................ $225.00/ea.Sieve Analysis Test - (Full) .......................................................................................................... $160.00/ea.Sieve Analysis Test - (-200)......................................................................................................... $120.00/ea.Sulfate Test ................................................................................................................................ $85.00/ea.CONCRETE / MASONRY TESTINGCylinder Compression Test ........................................................................................................ $30.00/ea.Cylinder Core, Charge .................................................................................................................. $40.00/ea.Cylinder Trim or Capping Charge ................................................................................................. $15.00/ea.Grout/Mortar Compression Test ............................................................................................... $35.00/ea.Masonry Prism Test ................................................................................................................. $235.00/ea.Length Change Test, Hardened Hydraulic-CementMortar and Concrete ASTM C157
..$800.00/ea.ASPHALT TESTINGAsphalt Content - Ignition OvenPremixed AC Sample (CT382) ........................................................................................ $225.00/ea.Asphalt Content / Gradation - Ignition OvenPremixed AC Sample (CT202, CT382) ............................................................................ $280.00/ea.Hveem Specific Gravity / Stability Value,Premixed AC Sample (CT308, CT366) ............................................................................ $280.00/ea.Hveem Stability Value - Premixed AC Sample (CT366) .............................................................. $200.00/ea.Hveem Specific Gravity / Stability Value (Rubberized Asphalt)Premixed AC Sample (CT308, CT366) ............................................................................ $275.00/ea.Hveem Stability Value (Rubberized Asphalt) Premixed AC Sample (CT366) ...................................................................................... $275.00/ea.Specific Gravity of Hveem or Core Sample -Uncoated (CT308)................................................... $90.00/ea.Specific Gravity of Hveem or Core Sample -Coated (CT308) ..................................................... $115.00/ea.Determination of Correction Factor for Specific Mix Design..................................................... $300.00/ea.AGGREGATE TESTINGSpecific Gravity and Absorption - CoarseAggregate (ASTM C127) ............................................................................................... $140.00/ea.Specific Gravity and Absorption - FineAggregate (ASTM C128) ................................................................................................. $200.00/ea.Sodium or Magnesium Sulfate SoundnessFine or Coarse Aggregate (ASTM C88), per fraction ...................................................... $235.00/ea.Los Angeles Abrasion - Small Size CoarseAggregate (ASTM C131) ................................................................................................. $275.00/ea.Los Angeles Abrasion - Large Size CoarseAggregate (ASTM C535) ................................................................................................. $300.00/ea.Durability Index Fine or Coarse Aggregate(Calif 229)....................................................................................................................... $400.00/ea.Potential Reactivity of Aggregate - ChemicalMethod (ASTM C289)..................................................................................................... $440.00/ea.
SCHEDULE OF FEESLABORATORY TESTING FEES, (continued)Petrographic Examination Fine to CoarseMethod (ASTM C295) each (Plus Thin-Sections) ........................................................ $2,100.00/ea.Gradation of Aggregates (ASTM C136) (Calif 202)Fine Aggregate Dry Sieve ............................................................................................... $125.00/ea.Fine Aggregate Washed Sieve ...................................................................................... $150.00/ea.Coarse Aggregate Dry sieve ......................................................................................... $150.00/ea.Coarse Aggregate Washed Sieve ................................................................................. $165.00/ea.Combined Aggregate Dry Sieve ................................................................................... $175.00/ea.Combined Aggregate Washed sieve ............................................................................ $230.00/ea.Material Finer than #200 Sieve(ASTM C117) .................................................................................................................. $125.00/ea.Sand Equivalent Test (ASTM D2419) (Calif 217) ........................................................................ $130.00/ea.Flat and Elongated Particles (ASTM D4791) .............................................................................. $225.00/ea.Clay Lumps and Friable Particles (ASTM C142).......................................................................... $125.00/ea.Lightweight Particles (ASTM C123)Coat / Lignite (sp gr = 2.00)........................................................................................................ $115.00/ea.Chert (sp gr = -2.4) ..................................................................................................................... $120.00/ea.Organic Impurities in Fine Aggregate (ASTM C40)..................................................................... $100.00/ea.Cleanness Value (Calif 227)........................................................................................................ $200.00/ea.Unit Weight / Calculated Voids (Fine / Coarse/ Mixed Aggregates ) (ASTM C29).................................................................................. $175.00/ea.Resistance Value Test (R-Value) (Calif 301)Aggregate Base Material................................................................................................ $350.00/ea.Potential Alkali Reactivity of Cement-AggregateCombinations (Mortar-Bar Method) (ASTM C227)................................................................. QuotePotential Volume Charge of Cement-AggregateCombination (ASTM C342)...................................................................................................... QuotePotential Reactivity Rock Cylinder Method(ASTM C586) ........................................................................................................................... QuoteLength Change Due to Alkali-CarbonateReactivity (ASTM C1105)......................................................................................................... QuotePotential Reactivity Mortar Bar(ASTM C1260) ......................................................................................................................... QuotePotential Expansion of Aggregates fromHydration (ASTM D4792) ........................................................................................................ QuoteAggregate Sampling, Staff Geologist / Engineer(Portal to Portal), per hour ............................................................................................ $160.00/hr.Shipping................................................................................................................................... Cost Plus 20% ****1.5X Surcharge on rush turn-around for laboratory testing.EQUIPMENT USAGE/RENTAL CHARGESCore Drilling Bit Wear Charge. ............................................................................................... $10.00/corePachometer Reinforcement Locator ...................................................................................... $50.00/day
2025 SCHEDULE OF FEESMINIMUM CHARGESEngineering Technician ....................................................................................................................... 4 hoursICC Special Inspector ......................................................................................................................... 4 hoursAll Inspection Beyond 4 hours ............................................................................................................ 8 hoursShow Up and No Testing or Inspection............................................................................................... 2 hoursCancellation of Work After 3:00 pm or same day............................................................................... 2 hoursExpedite of Scheduling After 3:00 pm or same day....................................................................1.5 x hr. rate SHIFT DIFFERENTIALSecond Shift (2PM-12PM)................................................................................................................ 12.50/hr.Third Shift (10PM-8AM)................................................................................................................... 18.00/hr.MILEAGE/TOLL ROAD FEESVehicle Mileage..............................................................................................................................$0.85/mileToll Road Charges.................................................................................................. Invoiced at Cost, plus 20%OVERTIMEOvertime at the rate of 1.5 times the applicable hourly rate will be charged for any time, more than 8 hours and less than 12 hours in any one day, Monday through Friday, and time before 6:00 a.m. or after 6:00 p.m. and for Saturday work up to 8 hours. Work performed in excess of 12 hours on Monday through Friday, in excess of 8 hours on Saturday, and all work on Sundays or Company recognized Holidays will be charged at 2.0 times the applicable hourly rate.GENERALFees for special projects, services overseas, or elsewhere in the United States, will be quoted on request. With prior notification to Client, charges are subject to change at any time. Koury reserves the right to adjust the rates quoted in this contract based upon any CPI/State/Labor mandated increases and/or changes in any industry requirements.OUTSIDE SERVICESProfessional services, equipment, or tests not provided byKouryand any unusual items of expense not customarily incurred in our normal operations will be charged at cost plus 15 percent.
EXHIBIT D
Consultant shall procure and maintain for the duration of the agreement, and for 5 years thereafter, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by Consultant, its agents, representatives, employees, and sub-contractors. MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shall be at least as broad as: Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $3,000,000 per occurrence and $6,000,000 aggregate. Automobile Liability (AL): Insurance Services Office Form CA 00 01 covering Code 1 (any auto), with combined single limit no less than $1,000,000. Workers’ Compensation (WC): as required by the State of California, with statutory limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident, per employee, per policy for bodily injury or disease. Consultant attests that its workers’ compensation coverage extends to all persons who will be working wit the City under the agreed scope of services. Professional liability (Errors & Omissions (PL): with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 aggregate. These requirements shall not in any way act to reduce coverage that is broader or includes higher limits than the minimums shown above. If Consultant maintains broader coverage and/or higher limits than the minimums shown above, City shall be entitled to the broader coverage and/or the higher limits maintained by Consultant. Insurance provided under this contract shall not contain any restrictions or limitations which are inconsistent with City’s rights under this contract. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions: 1. City of Santa Ana, its City Council, officers, officials, employees, agents, and volunteers are to be covered as additional insureds on Consultant’s CGL and AL policies with respect to liability arising out of work operations performed by or on behalf of the Consultant including materials, parts, equipment, and personnel furnished in connection with such work or operations and automobiles owned, leased, hired, or borrowed by or on behalf of Consultant. Additional insured status can be provided in the form of an endorsement to Consultant’s insurance. 2. For any claims related to this contract, Consultant’s insurance coverage shall be primary insurance coverage as respects City of Santa Ana, its City Council, officers, officials, employees, agents, or volunteers. Any insurance or self-insurance maintained by City, its City Council, officers, officials, employees, agents, or volunteers shall not contribute with it. 3. A severability of interest provision must apply for all the additional insureds, ensuring that Consultant’s insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the insurer’s limits of liability. 4. Consultant hereby grants City a waiver of subrogation which any insurer of said Consultant may acquire against City, its City Council, officers, officials, employees, agents, and volunteers by virtue of the payment of any loss under Consultant’s CGL, AL, WC, and PL policies. Consultant agrees to obtain any endorsement(s) that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether City has received a waiver of subrogation endorsement from any insurer(s).. 5. Each insurance policy required herein shall provide that coverage shall not be canceled, suspended, voided, reduced in coverage or in limits, non-renewed by the carrier, or materially changed except after thirty (30) days prior written notice has been given to City and ten (10) days prior written notice shall be provided to City for policy cancellation or non-renewal due to non-payment. 6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention: Ricardo Perez, 20 Civic Center Plaza, M-36, Santa Ana, CA 92701. The name and location of the event should be included in the Description of Operations section of each certificate. Claims Made Policies If any of the required policies provide coverage on a claims-made basis: 1. The retroactive date must be shown and must be before the date of the contract or the beginning of work. 2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of work. 3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective date, Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work. 4. A copy of the claims reporting requirements must be submitted to City. Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in the state of California with a current A.M. Best rating of no less than A:VII, unless otherwise acceptable to City. Self-Insured Retentions Self-insured retentions must be declared to and approved by the City. City may require Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. Waiver of Subrogation Consultant hereby agrees to waive rights of subrogation which any insurer of Consultant may acquire from Consultant by virtue of the payment of any loss. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of City for all work performed by Consultant, its employees, agents, and sub-contractors. Verification of Coverage Consultant shall furnish City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to Entity before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive Consultant’s obligation to provide them. City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Subcontractors Consultant shall require and verify that all sub-contractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that City is an additional insured on insurance required from sub-contractors. For CGL coverage, sub-contractors shall provide coverage with a form at least as broad as CG 20 38 04 13. Failure to Maintain Insurance Coverage If Consultant for any reason fails to maintain insurance coverage which is required pursuant to this contract, the same shall be deemed a material breach of contract. City may, at its sole option, terminate this contract at any time and obtain damages from Consultant resulting from said breach. Special Risks or Circumstances City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.